Weber Valley Heights Water Association Bylaws
Revised July 13, .2002

ARTICLE I
NAME

Section 1: This organization shall be known as Weber Valley Heights Water Association.

ARTICLE II
OBJECTIVES

Section 1: The object of the organization shal1 be to establish all policy matters and to control the use of the water system, its maintenance and repair.

Section 2: The use of the water shall be limited to normal and usual domestic use.

According to the State Law and I quote “

Section 3: All water lines shall be installed underground where it is possible.

Section 4: Meters and check valves shall be: installed at the point of take off by each user at his sole expense and maintained by the user.

Section 5: All users shall install a domestic water storage tank of not less than five hundred (500) gallons capacity for each five (5) acre parcel being served. Tanks should be filled in late evening as not to affect other members water usage.

Section 6: Water shall be tested regularly.

Section 7: Establish means of securing compliance with al1 directives including timely payment of all fees.

“including timely payment of all fees“, meaning?

ARTICLE III
MEMBERS

Section 1: The water system consists of three (3) wells, a water distribution piping system and storage tanks and shall provide the total yield to all members Ownership of this water system shall be held jointly by all members of the association with consideration of the other members. Ownership of the water rights shall remain with the land.

 

ARTICLE IV
OFFICERS

Section 1: The officers shall be President, Vice President. Secretary, Treasurer and Maintenance Officer. All officers are elected by a majority vote of members of the association present at any regular or called meeting.

 

 

Section 2: Officers shall serve two years or until they are no longer land owners in the area served by the water system. Vacancies shall be filled by majority vote of those in attendance at the next regular meeting. Officers shall serve without pay.

 

PAGE 1 of 2

 

Weber Valley Heights Water Association Bylaws

July 13, 2002 Page 2

Section 3:

The duties of the officers are as follows:

a. The President shall preside at all meetings: call al1 special meetings of the members: and see that meetings are conducted in a proper and orderly manner.

b. The Vice President shal1 serve and act with the full authority of the president in his absence.

c. The Secretary shall preside in the absence of both the president and the vice president; keep all records and accounts: inform members of upcoming meetings; notify members of any special action taken by the membership; and promptly prepare and send minutes of meetings to all members.

d. The Treasurer shall maintain all financial records of the organization; supervise all disbursement of funds as governed by the membership; send out the water bills promptly after the readings have been received from the maintenance officer; and receive and deposit all funds in a non-interest bearing checking account.

e. The Maintenance Officer shall monitor, maintain and repair the water system with volunteer and requested help of members; take \water meter readings promptly on or after the first day of the month and deliver the readings to the treasurer as soon as possible thereafter.

f Any two officers may co-sign checks as needed with one exception: no two (2)

members of the same family will have check writing or signing authority.

Article V

MEETINGS

Section 1: Meetings shall be called at the direction of the president or as deemed necessary by the membership.

Section 2: All meetings shall be conducted as governed by Robert's Rules of Order.

Section 3: A majority vote of those present is acceptable for all motions brought to the membership unless It is a stated exception in Robert', Rule, of Order.

Section 4: One vote is allowed per land parcel.

 

 

 

 

Article VI
Funds of Origination

Section 1: Monthly water usage rates shall be based on pumping, maintenance and repair costs of the water system. When major repairs or upgrades are anticipated, an assessment may be charged if approved by majority vote of all members.

Section 2: Any bill not paid by the next billing date shall be charged a $5.00 late charge. No bill under $5.00 shall be dealt with such, Any property owner that is three (3) months delinquent shall be sent a certified letter with intent to terminate service. Service shall be disconnected if payment is not received within 15 days, No meeting is needed to authorize the disconnection, The maintenance officer and one other member will disconnect the service.

Section 3: Due to changing water requirement fees, re hook up charges for terminated members will be $2,000.00 plus all back maintenance and assessment charges since disconnection. A meeting shall be called to reconnect service.

Section 4: Annual minimum water usage fee will be S20.00 a year due January 1 of each year beginning January 1, 2003. (Fee due for year prior to payment.)

End Page 2 of 2 of the bylaws.

 

Who owns 44350 East Benton Rd.?

After reading the bylaws I was left with some questions like,

In the bylaws where are the rules for how the collected monies are spent?

Where in the bylaws does it state what wells are members? There are wells everywhere out here so what wells are members?

What documented bylaw gives WVHA any right to control the wells and pipelines appurtenant to land that WVHA as a mutual benefit association does not own, rent or lease?

Is the term “domestic use” defined by CA water Code? Or Deborah’s terms?

Another question is, what does it take to become a member of Weber Valley Heights Association? And where are the bylaws for that association? It seems that my title insurance does not list any WVHA as a HOA, so I am left with the show me the doc’s that make WVHA a legal entity. What provides WVHA any authority to delegate how property easements and rights thereto are or are not used?

Read this and then please explain how a well is a member as stated

in the bylaws of Weber Valley Heights Water Association.

ARTICLE III MEMBERS

Section 1: The water system consists of three (3) wells, a water distribution piping system and storage tanks and shall provide the total yield to all members Ownership of this water system shall be held jointly by all members of the association with consideration of the other members. Ownership of the water rights shall remain with the land.

………………………………...........................................................................................

Please answer this, if Ownership of this water system was held jointly and appurtenant to land and the “Ownership of the water rights shall remain with the land.” as stated in the bylaws, what gave or gives WVHA a right to sever the “rights appurtenant to land” and that right being an appurtenance to land it is thereby recognized as real property by the Calif. Supreme Court?

The actions of severing Beverly Heath’s water supply by WVHA was and is a continuing trespass on rights not belonging to WVHA. Be it clearly stated herein Beverly Heath owns a recorded right to three different grants of easements naming her property as a right owner and WVHA does not. Therefore WVHA as an Association is in violation of the 1990 Grant of Easement by Charles Campbell to Beverly Heath‘s property.

How does the well members vote? Do they flood yards for yes and quit working as a no?

I want to know what 3 wells are members. And where are there locations with title rights granting them a membership right to WVHA? How did the wells join the association and by what documentation. Or was it magic water that made it happen?

Where are the Membership agreements? Do they even exist as an officially recorded and notarized document?

WVHWA as a stand alone association never acquire any legally recorded rights to any wells or Grant of Easements. Presuming that statement is correct, under what authority does the Association have to sever anyone’s water supply line for watering plants according to their California Civil Rights? Appurtenant rights run with the land.

BTW Deborah’s so called lawyer approved anything is and was total BS. Read the CA Corp. Laws as they relate to Associations and appurtenances to land. If you have no idea what an appurtenant right is have someone like an attorney read to you and explain what appurtenant is and how the water association as a mutual association failed according to section 18410 ( c) on 9-11-2006. The ex president lied to everyone. She knew the so called water association was never setup correctly. Did she inform everyone of that fact? Can you say sheepeople?

The Water Association actions perpetrated by Deborah existed on fabricated lies and deception.

 

 

Please share this with all members.